Legal Opinion · Dissent

In Re Johnston

Supreme Court of Iowa

Decided August 4, 1941No. 45595Published

1Dissent

I respectfully dissent.

According to repeated holdings of this court, the burden was on the guardian to account for his stewardship. In re Guardianship of Morris, 228 Iowa 646, 649, 292 N.W. 836; In re Estate of Smith, 223 Iowa 172, 271 N.W. 888; In re Estate of Moe, 213 Iowa 95,100, 237 N.W. 228, 238 N.W. 718; In re Estate of Mowrey,210 Iowa 923, 929, 232 N.W. 82.

It may be conceded that ordinarily where a guardian becomes executor of the estate of a deceased ward and properly takes over the assets formerly held by him as guardian, the guardian's bondsman is not liable for subsequent…

2Cases cited14 opinions

  1. Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
  2. Linsley v. StrangSupreme Court of Iowa · 1910
  3. Heirs of Enfield v. HansonSupreme Court of Iowa · 1933
  4. In Re Estate of OnstotSupreme Court of Iowa · 1938
  5. In Re Estate of MowreySupreme Court of Iowa · 1930

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